Bowman v. Dickey

District Court of Appeal of Florida

Bowman v. Dickey

505 So. 2d 581, 12 Fla. L. Weekly 1018, 1987 Fla. App. LEXIS 7650

District Court of Appeal of Florida·Decided April 8, 1987·No. No. 86-2471·Published·Cited by 1 cases

Opinion

HALL, Judge.

Appellant William Bowman, Jr., appeals a final order dismissing his action for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e).

At the time Bowman’s action was dismissed the bankruptcy proceedings of ap-pellee John M. Dickey were pending. The dismissal of Bowman’s action therefore constituted reversible error. Bowman v. Peele, 413 So.2d 90 (Fla. 2d DCA 1982), dismissed, 419 So.2d 1199 (Fla.1982).

Accordingly, the order of the trial court is reversed, and this cause is remanded with directions that Bowman’s action be reinstated.

DANAHY, C.J., and SCHOONOVER, J., concur.

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HALL, Judge.

Appellant William Bowman, Jr., appeals a final order dismissing his action for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e).

At the time Bowman’s action was dismissed the bankruptcy proceedings of ap-pellee John M. Dickey were pending. The dismissal of Bowman’s action therefore constituted reversible error. Bowman v. Peele, 413 So.2d 90 (Fla. 2d DCA 1982), dismissed, 419 So.2d 1199 (Fla.1982).

Accordingly, the order of the trial court is reversed, and this cause is remanded with directions that Bowman’s action be reinstated.

DANAHY, C.J., and SCHOONOVER, J., concur.

Bowman v. Dickey, 505 So. 2d 581, 12 Fla. L. Weekly 1018, 1987 Fla. App. LEXIS 7650 (Fla. Ct. App. 1987).

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Opinion

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